By Bivins S.B. No. 1117
74R3702 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the refund of license and registration fees by the
1-3 Department of Agriculture.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 12, Agriculture Code, is amended by
1-6 adding Section 12.032 to read as follows:
1-7 Sec. 12.032. REFUND OF FEES. The department by rule may
1-8 provide for the full or partial refund of a fee collected by the
1-9 department.
1-10 SECTION 2. Section 13.255(b), Agriculture Code, is amended
1-11 to read as follows:
1-12 (b) A state public weigher must submit a <nonrefundable> fee
1-13 of $400 with the application for a certificate of authority. A
1-14 county public weigher or a deputy public weigher must submit a
1-15 <nonrefundable> fee of $100 with the application for a certificate
1-16 of authority.
1-17 SECTION 3. Sections 13.304(a) and (b), Agriculture Code, are
1-18 amended to read as follows:
1-19 (a) An application for a license shall be submitted to the
1-20 department on a form prescribed by the department, accompanied by
1-21 an <a nonrefundable> annual license fee in an amount established by
1-22 department rule, not to exceed $200.
1-23 (b) A license issued under this subchapter expires on the
1-24 anniversary date of the person's test equipment calibration, as
2-1 such anniversary is defined by a department rule, and may be
2-2 renewed by filing with the department a renewal application form
2-3 prescribed by the department, accompanied by an <a nonrefundable>
2-4 annual license renewal fee in an amount established by department
2-5 rule, not to exceed $200.
2-6 SECTION 4. Sections 13.354(a) and (b), Agriculture Code, are
2-7 amended to read as follows:
2-8 (a) An application for a license shall be submitted to the
2-9 department on a form prescribed by the department, accompanied by
2-10 an <a nonrefundable> annual license fee in an amount established by
2-11 department rule, not to exceed $200.
2-12 (b) A license issued under this subchapter expires on the
2-13 anniversary date of the person's test equipment calibration, as
2-14 such anniversary is defined by department rule, and may be renewed
2-15 by filing with the department a renewal application form prescribed
2-16 by the department, accompanied by an <a nonrefundable> annual
2-17 license renewal fee in an amount established by department rule,
2-18 not to exceed $200.
2-19 SECTION 5. Section 14.005(b), Agriculture Code, is amended
2-20 to read as follows:
2-21 (b) An applicant must file a separate application for each
2-22 license, renewal, or amendment and shall accompany each application
2-23 for a license or renewal with an <a nonrefundable> annual license
2-24 fee of $75. The department shall prescribe the information to be
2-25 contained in the application. A person who fails to submit a
2-26 renewal fee on or before the expiration date of the license must
2-27 pay, in addition to the renewal fee, the late fee provided by
3-1 Section 12.024 of this code.
3-2 SECTION 6. Section 18.003(b), Agriculture Code, is amended
3-3 to read as follows:
3-4 (b) A person may apply for an organic certification, or a
3-5 renewal of an organic certification, by submitting an application
3-6 and an <a nonrefundable> annual fee prescribed by the department.
3-7 SECTION 7. Section 18.004(b), Agriculture Code, is amended
3-8 to read as follows:
3-9 (b) A person may apply for a certificate of accreditation,
3-10 or a renewal of a certificate of accreditation, by submitting an
3-11 application and an <a nonrefundable> annual fee prescribed by the
3-12 department.
3-13 SECTION 8. Section 57.103(b), Agriculture Code, is amended
3-14 to read as follows:
3-15 (b) The corporation may submit a transcript of proceedings
3-16 in connection with the issuance of the bonds to the board and
3-17 request that the board approve the bonds. On filing a request for
3-18 the board's approval of the bonds, the corporation shall pay to the
3-19 board a <nonrefundable> filing fee of $1,500. If the board refuses
3-20 to approve the bond issue solely on the basis of law, the
3-21 corporation may seek a writ of mandamus from the Supreme Court of
3-22 Texas.
3-23 SECTION 9. Section 62.005(d), Agriculture Code, is amended
3-24 to read as follows:
3-25 (d) An application for licensing as a Foundation,
3-26 Registered, or Certified producer of seed or plants must be
3-27 accompanied by a <nonrefundable> license fee not to exceed $100, as
4-1 provided by department rule.
4-2 SECTION 10. Section 62.006(a), Agriculture Code, is amended
4-3 to read as follows:
4-4 (a) A person engaging in the development, maintenance, or
4-5 production of seed or plants for which standards of genetic purity
4-6 and identity have been established by the board may apply to the
4-7 board for registration as a plant breeder. The applicant shall
4-8 apply on forms prescribed by the board and shall include with the
4-9 application a <nonrefundable> registration fee of not more than
4-10 $100, as determined by the board. To be registered as a plant
4-11 breeder, a person must satisfy the board that the person is skilled
4-12 in the science of plant breeding. The board may require skill to
4-13 be shown by evidence of accomplishments in the field and may
4-14 require an oral or written examination in the subject.
4-15 SECTION 11. Section 64.006(a), Agriculture Code, is amended
4-16 to read as follows:
4-17 (a) A purchaser may begin arbitration by filing with the
4-18 commissioner a sworn complaint and a <nonrefundable> filing fee of
4-19 $10. The purchaser shall send a copy of the complaint to the seller
4-20 by certified mail. Except in the case of seed that has not been
4-21 planted, the complaint must be filed within the time necessary to
4-22 permit effective inspection of the plants under field conditions.
4-23 SECTION 12. Section 71.043(b), Agriculture Code, is amended
4-24 to read as follows:
4-25 (b) A florist or nursery owner may apply for registration or
4-26 renewal of registration by submitting an application prescribed by
4-27 the department and an <a nonrefundable> annual fee. The fee shall
5-1 be based on the size and type of a location, as defined by
5-2 department rule, where a florist or nursery owner grows for sale or
5-3 lease or offers for sale or lease a florist item or nursery
5-4 product.
5-5 SECTION 13. Section 71.057(e), Agriculture Code, is amended
5-6 to read as follows:
5-7 (e) A nursery dealer or nursery agent may apply for
5-8 registration or renewal of registration by submitting an
5-9 application prescribed by the department and an <a nonrefundable>
5-10 annual fee. The fee shall be based on the size and type of a
5-11 location, as defined by department rule, where a nursery dealer or
5-12 nursery agent offers a nursery product for sale or lease.
5-13 SECTION 14. Section 76.044(a), Agriculture Code, is amended
5-14 to read as follows:
5-15 (a) A <nonrefundable> fee of $100 for each pesticide to be
5-16 registered must be submitted with an application for registration
5-17 or renewal of registration.
5-18 SECTION 15. Section 76.073(a), Agriculture Code, is amended
5-19 to read as follows:
5-20 (a) An application for a pesticide dealer license must be
5-21 accompanied by an <a nonrefundable> annual registration fee of not
5-22 more than $100, as fixed by the department.
5-23 SECTION 16. Section 76.106(c), Agriculture Code, is amended
5-24 to read as follows:
5-25 (c) Each regulatory agency may charge a <nonrefundable>
5-26 testing fee of not more than $20 for testing in each license use
5-27 category.
6-1 SECTION 17. Section 76.108(b), Agriculture Code, is amended
6-2 to read as follows:
6-3 (b) A person shall apply for an original or renewal
6-4 commercial applicator license on forms prescribed by the regulatory
6-5 agency. The application shall include information as required by
6-6 rule of the head of the agency and must be accompanied by an <a
6-7 nonrefundable> annual license fee of no more than $150, as fixed by
6-8 the head of the agency.
6-9 SECTION 18. Section 76.109(b), Agriculture Code, is amended
6-10 to read as follows:
6-11 (b) A person shall apply for an original or renewal
6-12 noncommercial applicator license on forms prescribed by the
6-13 regulatory agency. A nongovernmental applicant shall include with
6-14 the application an <a nonrefundable> annual license fee of not more
6-15 than $100, as fixed by the head of the regulatory agency. A
6-16 regulatory agency may not charge a governmental entity applicant a
6-17 license fee.
6-18 SECTION 19. Section 76.112(e), Agriculture Code, is amended
6-19 to read as follows:
6-20 (e) A person shall apply for an original or renewal private
6-21 applicator license on forms prescribed by the regulatory agency.
6-22 The application shall include information as required by agency
6-23 rule and must be accompanied by a <nonrefundable> fee of $50.
6-24 SECTION 20. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended,
7-2 and that this Act take effect and be in force from and after its
7-3 passage, and it is so enacted.